I don't think the argument is that lawyers set standards in a meeting, but they're standing in line to sue big companies for any reason at all -- and they will win. They are indirectly setting the standards by instilling fear in everyone including scientists and engineers.
IMO, the engineers "facts" that people keep referring to are heavily influenced by the very real danger of lawsuits. This issue has everything to do with legalities and money -- not reality. As I've said before, I don't blame the companies and agencies for being conservative. They have too much to lose (even if it's not their fault) and a lot to gain by being conservative, but the argument here is percieved danger versus real danger. It seems blatently obvious to me that this issue has more to do with fear of lawsuits than real danger.
Overfilling tanks has been done for as long as there's been tanks, and the DOT stays away. I doubt the DOT has any interest in trying to prevent a problem that doesn't really exist. If they really thought this was a big deal, and it was killing people and blowing up shops all the time, they would have been taking a much more proactive approach all along. Good luck trying to enforce it anyway.
Perhaps one person's reality is another person's fear, I guess.
Mike
PS. I'd like to commend most everyone for taking part in this lively, but civil, dabate. This is how it's supposed to be.